R Marimuthu v. The Dist.Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.10.2023

CORAM

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH R.Marimuthu .. Petitioner

Versus

1.The District Collector, Dindigul District, Dindigul.

2.Revenue Divisional Officer, RDO Office, Dindigul District, Dindigul.

3.The Tahsildar, Dindigul West Taluk, Dindigul.

.. Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents particularly 1st respondent to issue a patta or enjoyment patta or cultivating tenant patta or as a enjoyment holder to be impressed in the Revenue Records in the petitioner's name in connection with the property is situated in Survey No.1223/1 and 1223/3 about 6 acres in Kambilyambarai Village, Sirumalai Hills, Dindigul and consider the petitioner's representation dated 28.09.2020. For Petitioner :

Mr.S.Siva Kumar For Respondents :

Mr.K.S.Selvaganesan Additional Government Pleader 1/4

ORDER

This Writ Petition has been filed for issuance of Writ of Mandamus, directing the first respondent to consider the representation made by the petitioner on 28.09.2020 and to issue Patta with respect to the subject properties.

2. The case of the petitioner is that he is an agricultural coolie and he is carrying on agricultural activities in Survey Nos.1223/1 and 1223/3, measuring an extent of 6 acres, situated at Kambilyambarai Village, Sirumalai Hills, Dindigul District.

3. The petitioner claims that from the year 2008 onwards, he has been in possession and enjoyment of the properties and he is cultivating the lands. Therefore, he made representation on 28.09.2020 to the first respondent, seeking for Patta. Since the same was not considered, the present Writ Petition has been filed before this Court.

4. The learned Additional Government Pleader appearing on behalf of the respondents submitted that the subject properties have been classified in the revenue records as 'Tharisu'. That apart, G.O.(Ms)No.1168, Revenue Department, dated 25.07.1989, has also been issued, which prohibits issuance 2/4

of Patta with respect to the lands in Hill areas. In view of the same, a decision has been taken not to grant any Patta to the petitioner.

5. In the light of the above submission, the relief sought for by the petitioner cannot be granted by this Court. Accordingly, this Writ Petition stands dismissed. No costs.

NCC : Yes/No 05.10.2023 Index : Yes/No smn2 To 1.The District Collector, Dindigul District, Dindigul.

2.Revenue Divisional Officer, RDO Office, Dindigul District, Dindigul.

3.The Tahsildar, Dindigul West Taluk, Dindigul.

3/4

N.ANAND VENKATESH, J.

smn2 W.P.(MD) No.15092 of 2020 05.10.2023 4/4